Resolution of the Gounty Board of

Size: px

Start display at page:

Download "Resolution of the Gounty Board of"

Michael Blake
7 years ago
Views:

1 Resolution of the Gounty Board of Kankakee Gouhty, lllinois Resolution # T 1 RE: ZBA Case #14-06; Variance to Sections a.1 (Fence Height & Type) and 121'281-b-2 (Location of Accessory Structure) in R1-single Famiiy nes áèní at District WHEREAS, an application pursuant to the terms of the Kankakee County Zoning Ordinance, has been filed by Dave & Tina Causer, property owners and applicañts in the Office of the County Clerk of Kankakee County for a Váriance to Sections a'1 (Fence Height & Type) and b.2 (Location of Accessory Structure) in R1-Single Family Residential District on a parcel legally described herein Exhibit A, a copy of which is attached herein and made a part hereof; and, WHEREAS, the Zoning Board of Appeals held a duly noticed public hearing, on said application on May 19,2014 and from the testimony and evidence presented made findings as described in Exhibit B, a copy of which is attached herein and made a part hereof, and made a recommendation that said request be approved; and, WHEREAS, the Planning, Zoning, and Agriculture Committee (PZA), at its regularly scheduled and duly noticed meeting of May 27,2014, having reviewed, discussed and considered the matter, has approved the request and adopted said findings and recommendation of the Zoning Board of Appeals, Exhibit B; and, WHEREAS, all matters required by law of the State of lllinois and the Zoning Ordinance of Kankakee County to be done, have been done; and, WHEREAS the County Board at its regularly scheduled meeting of June 1 0,2014 has now reviewed, discussed, and considered the findings of the Zoning Board of Appeals and committee minutes of the PZA Committee, and now finds that the conclusions expressed therein are both reasonable and rationally supporled by the evidence presented and the variances will not be detrimental to the public health, safety, and economic and general welfare. NOW, THEREFORE, be it resolved by the Kankakee County Board, State of lllinois as follows: 1' The findings of the Zoning Board of Appeals are hereby approved, confirmed, ratified, and adopted and the conclusions of the Planning, Zoning and Agriculture Committee based upon those findings are rationar and in the public interest. 2-fhe findings, conclusions and recommendation expressed in the minutes of the Planning, Zoning, and Agriculture committee meeting of May 2T, 2014, are also supported by the record and are in the public interest and are also approved, confirmed, ratified and adopted.

kakee Gouhty, lllinois Resolution # 201 4-06-1 0-T 1 RE: ZBA Case #14-06; Variance to Sections 121-285.a.1 (Fence Height & Type) and 121'281-b-2 (Location of Accessory Structure) in R1-single Famiiy

2 3. The Variance to Sections a.1 (Fence Height & Type) and b.2 (Location of Accessory Structure) in R1-Single Family Residential District be approved on a parcel legally described in Exhibit A, a copy of whích is attached herein and made a part hereof. PASSED and adopted this 1Oth day of June ATTEST: 6"*W Bruce Clark, County Clerk rd Chairman

a parcel legally described in Exhibit A, a copy of whích is attached herein and made a part

3 EXHIBIT A (ZBA CASE#14-06) LEGAL DESCRIPTION: TRACT 1: THE EAST 190 FEET OF LOT 1 IN BLOCK 2 IN SKYLINE SUBDTVISION, A SUBDTVISION OF THE SOUTHEAST QUARTER OF SECTION 35, TOWNSHIP 31 NORTH, RANGE 12 EAST OF THE THIRD PRINCIPAL MERIDIAN, SITUATED IN THE COI.INTY OF KANKAKEE AND STATE OF ILLINOIS. TRACT 2: THE WEST I l0 FEET OF LOT I IN BLOCK 2 IN SKYLINE SIIBDIVISION, A SUBDTVISION OF THE SOUTHEAST QUARTER OF SECTION 35, TO\ryNSHIP 31 NORTH, RANGE 12 EAST OF THE THIRD PRINCIPAL MERIDIAN, SITUATED IN THE COLINTY OF KANKAKEE AND STATE OF ILLINOIS.

$TRACT 2: THE WEST I l0 FEET OF LOT I IN BLOCK 2 IN SKYLINE SIIBDIVISION, A SUBDTVISION OF THE SOUTHEAST QUARTER OF SECTION 35, TO\ryNSHIP$

4 1.,. j"' i I EXHTBTT B (ZB^ CASE#14-06) Kankakee County Zoning Board of Appeals Mr. Andrew Pristach, Chairman 189 East Court Street Kankakee, IL (Brs) 937-2e4O FINDINGS OF FACT AND RECOMMENDATION OF THE KANKAKEE COUNTY ZONING BOARD OF APPEALS This is the findings of fact of the Kankakee County Zoning Board of Appeals concern ng an application by Dave and Tina Causer, owners and applicants, in ZBA Case No. 14-O6. The applicants and owners, Dave and Tina Causer, are seeking a variance to Section 72L of the County Code to allow the construction of a 6' privacy fence along the southern edge of their side yard that is adjacent to the road. The code allows for 4'open fences in the side yard adjacent to the road. They are also seeking a variance to Section IzL.2BI.b.2 to allow the construction of a carport in their side yard adjacent to a road. The property is located at I22 N 4000 E Road in Kankakee Township and is currently zoned R1-Single Family Residential. The 2.L7 acre parcel contains a single family home. The parcel is within 1,5 miles of the City of Kankakee. After due notice as required by law, the Zoning Board of Appeals held a public hearing on May!9, 2014 in the County Board Room, 4'n Floor, Kankakee County Administration Building, Kankakee, Illinois, and hereby report their findings of fact and their decision as follows: Site Information: See Staff Report (attached herewith). Public Comments: There were no objectors present, however, Mr. James Tierney (Kankakee Township Road Commissioner) spoke in favor of the petition. (See transcripts) Analysis of Four Standards: After considering all the evidence and testimony presented at the public hearing, the Board makes the following analysis of the four (4) standards listed in Section G5 (Standards for Variances) of the Kankakee County Zoning Ordinance that must all be found in the affirmative prior to recommending granting of the petition. 1. That a particular hardship to the owner would result, as distinguished from a mere inconvenience, if the letter of the regulations were to be carried out. The Board finds that the Causer's home is built on an unusual lot that has road frontage on three sides. This coupled with a large 100'u'ide right-of-way severely limits the buildable area of the lot which creates a hardship to the owner.

the Kankakee County Zoning Board of Appeals concern ng an application by Dave and Tina Causer, owners and applicants, in ZBA Case No. 14-O6.

5 2. That the conditions for this request are unique to the property in question and would not apply, generally, to other property with the same zoning classification. The Board finds that the lot configuration, whíle not unique, is certainly unusual and severely limits the buildable area of the property. 3. That the granting of the variance would not be detrimental to the public welfare or injurious to the property or improvements in the neighborhood in which the property is located. The Board finds that providing the fence abides by site triangle regulations at the intersection, there will not be any negative impacts to the surrounding neighborhood if these variances are granted. 4. That the variance will not impair an adequate supply of light and air to adjacent property, substantially increase the congestion of the public street, increase the danger of fire, endanger the public safety, or substantially diminish or impair property values within the neighborhood. The Board finds that the fence would not have any effect on the supply of light or air to adjacent properties. Further, it should not have any effect on the increased danger of fire, or public safety, nor should it increase congestion on the roadway. The Board also feels that there would be no diminishment of property values. Recommendation: We find that the proposed variances does meet all the standards for recommending granting as found in Section G5 of the Kankakee County Zoning Ordinance and that such request is in the public interest. Therefore, the Zoning Board of Appeals hereby recommends that the variance regarding the location of a privacy fence and carport in the front yard hereby be granted, Roll Call Vote: The roll call vote was six (6) members for the motion to recommend approval, zero (0) opposed. Respectfully submitted this 19th day of May, 20L4 by the Kankakee County Zoning Board of Appeals. Andrew Pristach, Chairman - Aye Gene Rademacher - Aye Terry Vaughn - Aye John Fetherling - Aye Edwin Meents - Aye William Hemm-Absent Elizabeth Scanlon - Aye

That the granting of the variance would not be detrimental to the public welfare or injurious to the property or improvements in the neighborhood in which the property is located.

6 Exhibit A - Location Map, Kankakee Township

General Application DESCRIPTION OF PROPOSAL:

General Application DESCRIPTION OF PROPOSAL: ADDRESS OF SITE OF PROPOSAL: (if not assigned yet, obtain address from Planning before submitting application) APPLICANT: PROPERTY OWNER: AGENT: ASSESSOR S